Category Archives: Sociology of Gender

Today the United States Senate voted narrowly to advance the nomination of Judge Brett Kavanaugh to a final confirmation vote, which will take place this Saturday. If confirmed, Kavanaugh will enjoy a lifetime appointment to the U.S. Supreme Court.

The vote took place in the wake of a polarizing public hearing in which a woman, Dr. Christine Blasey Ford, gave a testimony accusing Kavanaugh of sexual assault. During the hearing, Kavanaugh angrily denied the accusation, repeatedly interrupting, raising his voice, demanding answers to questions he himself was being asked, and decrying what he has called a “circus,” a “national disgrace,” and a “vicious” attack on his family and good name.

The Kavanaugh hearing has dominated the news cycle for weeks. It has sent waves of anger, sadness, confusion, frustration, and loss across the country, leaving many of us reeling and unsure how to process our emotions, let alone make sense of the situation.

Fortunately, a variety of social science researchers have published sociological responses to the hearings. This post is an effort to consolidate and share those works of public sociology. The following list includes analyses from scholars with expertise in the areas of law, race, class, gender, sexuality, and sexual violence.

In this New York Times op-ed, law professor Kimberlé Crenshaw, who introduced the term “intersectionality,” offers instructive words for white feminists and anti-racists. She shows that what many of us assume justice should look like—be it the outcome or the process—neglects to consider black women’s specific needs and circumstances:

I watched Anita Hill testify as a member of her support team. I worried that she would be trapped between an antiracist movement that foregrounded black men, and a feminism that could not fully address how race shaped society’s perception of black victims. …

Such colorblind feminism did a profound disservice to Ms. Hill. And it marked another key moment of political erasure — in this case, one that effaced modern feminist history. Treating the racial backdrop of the hearing as just noise meant that we missed an opportunity to create a nuanced understanding of sexual harassment. In the great awakening around sexual harassment, race was politely ushered offstage.

Masculinities scholar Sarah Diefendorf analyzes the discourses being proffered in defense of Kavanaugh. She points out that these defenses characterize men’s proclivity to commit sexual violence as something that individual “bad guys” do, and elide the reality that sexual violence is part of a system of masculine domination:

When Kavanaugh or other men respond to allegations of sexual assault by making themselves look like good guys, they’re trying to pin the blame on other “bad” men as failures of masculinity. This good guy defense is brilliant. It allows men to make the problem of sexual assault and rape about being an individual ― the work of bad men, not a bad culture ― when we know that it is actually a widespread cultural problem. When men point to others as the problem, we are left with individual accounts, denials, and explanations that hide the overarching theme in all of them: masculinity and dominance.

This good guy rhetoric repeats the same cycle we are all taught at an early age: that men are in charge of the conversation and of women’s bodies and that women’s voices are dismissed or berated when we dare speak up.

Sociologist Nicole Bedera, who studies adolescent sexual violence, synthesizes findings from social science about sexual violence. Her blog post (in addition to this Twitter thread) offers context for the hearing by sharing evidence not typically acknowledged in public discourse about sexual violence:

We generally think of sexual violence—and particularly its perpetration—as something rare. When we do recognize sexual misconduct as a common experience, we tend to focus on victimization and the stories we heard during the beginnings of #MeToo and imagine serial rapists as the primary perpetrators of sexual assault. However, sexual assault perpetration is similarly ordinary. According to one of the most recent and rigorous studies, as many as 10.8% of college-attending young men commit an act of rape before graduating (Swartout et al. 2015). The rate might be alarming, but the reasons are different than we traditionally think. … The allegations against Judge Kavanaugh are consistent with what sociologists know about sexual violence: it’s common, rooted in male bonding, and situational.

Shamus Khan, whose 2012 book Privilege is an ethnography of an elite boarding school that Khan himself attended, examines the classed dimensions of the hearing. He details how elite institutions such as those Kavanaugh attended (Georgetown Prep, Yale College, and Yale Law School) socialize their members to believe they are entitled to positions of power, special treatment, and the ability to break rules with impunity:

Kavanaugh’s privilege runs deep, and it shows. He grew up in a wealthy Washington suburb where his father spent three decades as CEO of a trade association. There has been a sense among his supporters that his place is deserved, which mirrors the climate of aristocratic inheritance he grew up around. … This collective agreement that accountability doesn’t apply to Kavanaugh (and, by extension, anybody in a similar position who was a youthful delinquent) may help explain why he seems to believe he can lie with impunity — a trend he continued on Thursday, when he informed senators he hadn’t seen the testimony of his accuser, Christine Blasey Ford, even though a committee aide told the Wall Street Journal he’d been watching. In his furious interview with the panel that afternoon, Kavanaugh appeared astonished that anybody might impugn his character or try to keep him from the seat he is entitled to. ‘I’m never going to get my reputation back,’ he complained.

Katie K. Rogers is a doctoral student in the Department of Sociology at UT Austin. Her research is on race, gender, and the legal cannabis industry in the United States. You can follow her on Twitter at @katie_k_rogers.

On Friday, February 16, the Sociology department’s Power, History, and Society (PHS) working group hosted its PHS Annual Distinguished Lecture featuring Professor of Sociology Myra Marx Ferree from the University of Wisconsin-Madison. Dr. Ferree discussed her comparative work on feminism and higher education in the United States and Germany, and provided an overview of the dialectic inherent in feminism. She pointed to two major university transformations during the last century. First, the potential student body is larger and more diverse. Second, the feminist movement went beyond expanding women’s access to education, by enabling women to learn what they want to know, and be able to find employment afterwards. This access was crucial for women to both join professoriate and institutionalize the creation of new knowledge in the creation of Women and Gender Studies programs. The second transformation driving the restructuring of higher education was decolonization. Former colonial subjects also want access to knowledge on a more self-determined basis, and technological advances helped facilitate international research.

Ferree then turned to her work on the feminist agenda in American and German universities. Here, she brought in a discussion of the dialectic in feminism. She conceptualized two models of feminist intervention based on two characters—Cassandra, who in Greek mythology was cursed to speak true prophesies that no one believed, and Pollyanna, a character from a 1913 novel whose name is now used to describe those who always have a positive outlook. The “Cassandra approach” is combative and critical, and the “Pollyanna approach” holds that by accessing power structures, change can happen from the inside. Dr. Ferree urged us all to recognize both approaches are right, and both are limited. She acknowledged that feminist knowledge production emphasizes change as the only constant. Globalization is not a unidirectional process of modernity: globalization is part of a contested struggle about whose knowledge counts.

For Dr. Ferree, pragmatic feminist advocacy means efforts should be concentrated at the national level, in order to focus on institutionally specific structures to be able to act and make change. Universities are a place of citizenship, and Dr. Ferree believes democratic norms can be used to challenge all academic inequalities. Furthermore, feminists should identify where market leverage exists for specific policy changes, since in this era of academic capitalism, administrators must create a university that can work and compete in the market. Because of this, Dr. Ferree is hopeful that feminists can indeed enact positive change at the university level.

Rachel Karen is a first-year doctoral student in the Department of Sociology. Her research interests include state formation in Africa and European responses to the 2008 economic crisis.

Roter faden is the German term for “red thread,” and is used to mean common thread. “Unlike most of German academia, it borrows from sewing,” said University of Wisconsin-Madison Professor of Sociology Myra Marx Ferree, during UT Austin Sociology’s annual Power, History, and Society workshop. “Women’s practical knowledge.” Whether we intend it or not, there is always a red thread in what we study. It’s about what we do with the red thread that matters.

The red thread that runs through Dr. Ferree’s work is now emerging as a network, called the Society of Gender Professionals. This society will set professional standards, share job opportunities, and work to institutionalize the legitimacy of gender experts. She is particularly interested in how expertise gets used, and how certain types of expertise are credited or discredited. For instance, one of her students researches family law reform in Chile, and finds that gender experts are discredited, with economists being perceived as a more legitimate form of authority.

Dr. Ferree also discussed the debates that took place in the 1980s about whether Women’s Studies should be its own discipline or a sub-specialty in another discipline. “Both ways actually succeeded beyond the expectations of anyone on either side of that debate,” Dr. Ferree told us, which is refreshing to hear in a moment when it seems like the only constant is the reproduction of inequality, and even progressive social movements often re-package existing power relationships.

In the first few minutes of Dr. Ferree’s arrival, as we set up food, she engaged every single graduate student, as attentively as if we were her advisees, commenting on the relevance of our research topics, suggesting literature, and offering introductions. She leaned back in her chair, so much at ease. Here is some of the advice she had for graduate students:

Keep track of your ideas. C. Wright Mills kept all his ideas on notecards, said Dr. Ferree, and Charles Tilly kept a filing cabinet full of all the topics he would write about if he lived to be 150. She advised us to do the same. “You can’t pursue every idea, so you have to cut them off, but don’t throw them away!”

Leave room for serendipity. “I don’t pick projects. Projects pick me,” said Dr. Ferree. “When we do our dissertations, we often think that we choose them, but when we dig a little bit deeper, we see that it has to do with where we are located in time and space.”

Avoid identifying with one particular method. More than using quantitative or qualitative methods, Dr. Ferree observed, scholars seem to have “quantitative or qualitative identities.” She believes this quantitative/qualitative binary is a barrier to being relevant. Prioritize staying relevant, she said, and learning new methods. Methods are not something you learn once and set aside. You will be learning methods for the rest of your life.

Remember that methods and theories can be subject to trends. Dr. Ferree explained that sociological methods and theoretical approaches can fall in and out of fashion. For instance, while she was writing her dissertation, multi-dimensional scaling was all the rage, but the way she learned it became obsolete shortly after she spent a year grappling with it. If you are interested in getting a job, consider learning or using trendy methods, but do not forget that they may be subject to change. You have to see what works for you.

Marta Ascherio is a second-year doctoral student in the Department of Sociology and a graduate fellow of the Urban Ethnography Lab. Her research interests include immigration, crime, and social control.

This year’s meeting addressed pedagogy and academic freedom in the age of hate speech and “fake news,” and tackled ongoing issues of race and racism in the academy, the discipline of sociology, and SWS as an organization. SWS President Adia Harvey Wingfield of Washington University in St. Louis convened plenary sessions on topics such as gender and precarious labor, feminism in the academy, and race, gender, and feminist activism.

(Left to right) UT-Austin PhD Kirsten Dellinger (now Professor of Sociology at the University of Mississippi) with current graduate students Jess Goldstein-Kral and Caitlin Carroll

Plenary sessions and workshops spotlighted the voices of faculty and activists of color who, in addition to sharing critiques of existing systems, offered strategies for the path forward. They urged feminists to make careful decisions about how to reform and transform their departments without experiencing burnout. They reminded young scholars that joy exists in research and teaching, even within institutions that can feel impossible to change. They also pushed white feminists in the audience to reflect on their own politics of solidarity, and consider how they might show up more effectively to build coalitions with feminists of color in their institutions, organizations, and networks. Ultimately, they challenged all feminist scholars to, as stated by sociologist Tressie McMillan Cottom of Virgina Commonwealth University, “figure out the difference between performance politics and solidarity.”

Sociologist Kimberly K. Hoang asks a question during a plenary session on feminism in the academy

A contingent of feminist sociologists from UT Austin represented the department, with presentations that centered gender in varying ways. One highlight was a session that grew from Fem(me) Sem‘s Spring 2017 conference, “The Gender of Ethnography and the Ethnography of Gender,” which was organized by a group of sociology graduate students who were interested in using feminist methods in their research. The session, called “Feminist Ethnographies: Dilemmas from the Field,” featured Professor Christine Williams as a discussant, and UT Austin graduate students Shannon Malone, Vrinda Marwah,Ruijie Peng,Beth Prosnitz, and Katie K. Rogers as panelists. They grappled with a number of questions related to feminist methods, including what exactly makes a research design “feminist,” how to manage demands for “proof” in response to situated knowledge, what it means to “gain access,” and how to reckon with accusations of “bias,” particularly with respect to projects that center a researcher’s own community (“me-search”) or emerge from explicitly feminist commitments.

UT Austin also exhibited a presence among the individual paper presentations, with graduate scholars sharing feminist research on topics that ranged from intimate relationships to the gendered state to issues of gender, race, and labor.

A list of individual papers by UT Austin graduate students is as follows:

Caitlin Carroll“Antiviolence Organizations in Sweden and the Reproduction of Gender Regimes”

Katie K. Rogers“Gender, Race, and Class in the U.S. Legal Cannabis Industry”

Kara Takasaki“Racialized Masculinities: How Work Shapes the Lives of Asian American Men”

All told, the feminist scholarship and engagement of graduate students, alumni, and faculty affiliated with UT Austin Sociology helped make this year’s SWS conference an event to remember.

Jamie O’Quinn is a second-year doctoral student in the Department of Sociology. Her research interests center around sexuality, gender, race and ethnicity, and social inequality. She is currently researching state efforts to regulate young people’s sexualities.

Katie K. Rogers is a third-year doctoral student in the Department of Sociology at the University of Texas at Austin. Her current research examines how women who work in the U.S. legal cannabis industry reconfigure the meanings of “dealers” and “users” during legalization.

Gloria González-López, Professor of Sociology at the University of Texas at Austin, has published a piece in which she asks what the #MeToo movement can do for survivors of sexual violence in intimate spaces, such as the family. In the piece, she draws on research from her recent book Family Secrets: Stories of Incest and Sexual Violence in Mexico (2015, NYU Press) to articulate a vision for dismantling gender inequality and sexual violence within the family.

She writes:

What does it mean that uncles are the most frequent perpetrators of sexual abuse? Hollywood moguls aren’t the only ones who feel entitled to girls’ and women’s bodies—men in familial settings sadly often do as well.

One of the most important feminist revolutions has to take place at home. How could the #MeToo movement prompt a reckoning in our most secretive, intimate sector?

Sexual violence against girls and women in the context of family life is deeply rooted in gender inequality. The women who shared their lives with me were socially trained to serve the men in their families—in the most extreme case, an eight-year-old girl was cleaning, sweeping and mopping the room of an uncle in his forties. In these family patterns of gendered servitude, men who are expected to be served by the girls and women in the family may feel entitled to be sexually served by them as well.

Angela Stroud, UT-Austin PhD and Assistant Professor of Sociology & Social Justice at Northland College

This October, the UT Austin Department of Sociology and Fem(me) Sem welcomed sociologist Angela Stroud for a public talk and discussion with graduate students about her new book, Good Guys with Guns: The Appeal and Consequences of Concealed Carry. Dr. Stroud completed her PhD in sociology at UT Austin in 2012 and is now an Assistant Professor of Sociology and Social Justice at Northland College in Wisconsin.

Dr. Stroud opened her presentation with graphs showing rates of American gun ownership. Despite an overall decrease in gun ownership since 1970 (rates have fallen by nearly 20%), the Obama Era has seen a sudden proliferation of concealed handgun licenses. In 2007, she said, 4.5 million Americans held such licenses. But since, more than 6 million additional licenses have been administered, bringing today’s total to a staggering 11 million. But why? To better understand the explosion of firearm sales and spread of concealed carry legislation, Dr. Stroud sought to uncover what motivates Americans to attain permits and buy guns.

SOURCE: University of North Carolina Press

During the talk, Dr. Stroud shared insights from her fieldwork in gun licensing courses, as well as excerpts from the in-depth interviews she conducted with gun permit holders. The title of the book plays on an old maxim in pro-gun discourse (“only a good guy with a gun can stop a bad guy with a gun”), but as Dr. Stroud explained, it also highlights a key finding: the cultural relevance of the “good guy” trope. She unpacked the construction of the “good guy” identity, arguing that its conflation with whiteness and hegemonic masculinity helps explain the appeal of concealed carry as a symbolic practice for men. She drew on elements of critical whiteness theory and Raewyn Connell’s theory of hegemonic masculinity to analyze participants’ narratives about the protection they perceive guns to offer.

Ultimately, she found that cultural definitions of “good” gun owners rely on a classed and racialized dichotomy of masculinities. Respondents saw themselves as “good guys” who earned the right to own guns through training and civic service, as opposed to to “bad guys,” whose gun ownership threatened the safety of “good” families and communities. Dr. Stroud argued that this binary paints white men as responsible heroes while casting Black and Latino men as dangerous criminals. Additionally, the trope displaces deviant whiteness onto working-class men (whom her participants dismissed as uneducated “Bubbas”). She also touched on how geographical space is invoked in “good guy” discourse, pointing to respondents’ racialized conceptualizations of sites like the highway, the ghetto, and the home.

Dr. Stroud’s work has a particular resonance within the context of the University of Texas at Austin. Texas’ new campus carry legislation, which took effect this past August, gives students and faculty members the right to carry concealed handguns in university buildings such as classrooms and dormitories. The law has added fuel to an already blazing national controversy about guns. It has also galvanized the UT community, sparking petitions, protests, resignations, lawsuits, severalfacultyop-eds, and a slew of cancellations from scheduled visitors ranging from famous musicians to guest lecturers.

Good Guys with Guns critically intervenes in gun control debates by illuminating an understudied facet of American gun culture: How gun owners understand the necessity of guns is tied to how they see themselves and their place in the world. Dr. Stroud’s talk added an important voice to the campus conversation about concealed carry, showing how both pro- and anti-gun advocates misunderstand the deeper issues of race, class, and gender that shape how Americans understand guns.

Good Guys with Guns is available through the University of North Carolina Press. You can follow Dr. Angela Stroud on Twitter at @astroud.

Katie Kaufman Rogers is a PhD student in the Department of Sociology. Her research focuses on the areas of gender, race, and sexuality. You can follow her on Twitter at @katiearog.

On February 25th, the Department of Sociology and the Center for Women’s and Gender Studies had the pleasure of hosting Professor Jane Ward for a public job talk on her most recent book, Not Gay: Sex Between Straight Men (New York University Press, 2015). The talk entitled “NOT GAY: The Homosexual Ingredient in the Making of Straight White Men,” traced the historical relationship between same-sex behaviors and practices and the construction of (white) masculinity, particularly addressing arguments around the increasingly more common phenomenon of “heteroflexibility.”

Her entire talk is available on YouTube via the Center for Women’s and Gender Studies:

As evidenced by the packed room (with undergraduate and graduate students spilling out the door!), Dr. Ward’s work has inspired a lot of excitement, thoughtfulness, and reflection. Additionally, Dr. Ward shared some of the reactions to her work, with critiques (surprisingly) mainly being directed at her by self-identified gay men. Overall, the talk and subsequent discussion were a useful and important intervention in how to think about white “heterosexual” masculinities and what implications and/or possibilities might exist for men of color’s sexual identities.

Christine Williams is among those interviewed by Kaleigh Rogers for Motherboard about Sexual Harassment in STEM fields:

“There’s no evidence that the incidences of harassment and discrimination are increasing. In fact, some of the senior women scientists I’ve interviewed insist that sexism was much more entrenched and blatant 20 years ago than it is today,” Christine Williams, a sociology professor at the University of Texas at Austin who researches workplace sexual harassment, told me via email. “However, what is increasing is public acknowledgment of these problems—more people are aware of these issues.”

On November 16, 2015, Dr. Gloria González-López participated in an author-meets-critics panel discussion about her new book Family Secrets: Stories of Incest and Sexual Violence in Mexico. The event was hosted by the Center for Women’s and Gender Studies to commemorate the International Day for the Elimination of Violence Against Women, and Erin Burrows, the Prevention and Outreach Specialist for Voices Against Violence, moderated the panel. It was a lively and necessary discussion where three panelists – Dr. Angela Valenzuela and UT Sociology doctoral students, Erika Grajeda, and Juan Portillo – offered their “compassionate critiques” of Dr. González-López’s work.

The discussion began with Dr. González-López describing why she studied incest in Mexico. She wanted to do something to help her community in Ciudad Juárez, and so she asked people in the community what type of research was urgently needed. A great deal of research had been done on the femicides in Ciudad Juárez, but nothing had really been studied about incest within Mexican families. Heeding this advice and wanting to engage with a community that she cares about, Dr. González-López decided to conduct 60 interviews with women and men who live in four Mexican cities (Ciudad Juárez, Guadalajara, Mexico City, and Monterrey) and who had experienced incest. She also interviewed 35 professionals who work on this issue. After gathering these stories, Dr. González-López found it ethically and politically important to tell these stories as they were told to her and to not sanitize the stories. For this reason, she writes Family Secrets through the method of storytelling, where she presents the stories together in each chapter before offering any structural analysis. This method captures the complexities and gray areas of people’s lives, revealing how theories and concepts can never fully encompass the nuances of people’s lived experiences.

After Dr. González-López gave this brief overview, Dr. Valenzuela was the first to offer her comments on the monograph. She commended Dr. González-López for her emotionally engaged research and for her provocative concepts. She also expressed her fear of what this book might look like in the hands of someone like Donald Trump, who may use this book to pathologize Mexican people. However, Dr. Valenzuela believes that not telling these stories is a greater cost, and that Dr. González-López does an amazing job of analyzing the stories, giving the reader a way to contextualize and understand incest in Mexican society. Dr. Valenzuela also read what she thought was one of Dr. González-López’s provocative ideas: “Thus, the undercurrent or continuum that flows through a woman’s unique subjective experience and all women’s commonly shared experiences of sexual violence seems to suggest that consensual heterosexual sex and rape may have more in common than what one may want to accept” (pg. 110-111). Given this finding, Dr. Valenzuela raised the question of what is a healthy sexuality? And what are the solutions to ending incest?

Following Dr. Valenzuela, Erika Grajeda offered her thoughts on Dr. González-López’s book. Erika found the book to be brave, especially in Dr. González-López’s challenge to take on the family as an institution that reproduces incest and patriarchy. Erika also appreciated Dr. González-López’s analysis of internalized sexism, where women in the family may also be complicit in these incestuous arrangements and reproduce patriarchy as well. Erika raised some poignant questions that really made the preceding discussion engaging. She asked Dr. González-López: How is her conceptualization of consent and rape different than radical feminists? How do sexual scripts shape how women and men describe their sexual experiences, especially when discussing consent and coercion? And what is the difference between incest and abuse and what is the role of the state in perpetuating and/or solving these issues?

After Erika’s insightful comments and questions, Juan Portillo gave his reflections and comments on Family Secrets. Juan saw Dr. González-López’s two biggest contributions as her ethical methodology and her feminist standpoint, which combined gave a nuanced explanation of sexual violence. As life is more complicated than our concepts and theories, Juan pondered how do we make sense of sexual violence when the same logics that we use to try to end it are potentially the same logics that reproduce it. Given that we live in a society structured by inequality, Juan asked Dr. González-López if sex is ever completely consensual. He also wanted to know more about Dr. González-López’s choice of language – in her not wanting to use “survivor” or “perpetrator” and her writing about a gender non-conforming participant.

After these three wonderfully engaging compassionate critiques, Dr. González-López gave her brilliant responses to each of the three panelists. In response to Dr. Valenzuela, Dr. González-López pondered, what do we mean by healthy? Who defines healthy? Who is privileged enough to even have sex or be sexually healthy? As for solutions, Dr. González-López discussed that laws around sexual harassment in Mexico may expand to include relatives. She also talked about a research participant, whose mother believed her when she disclosed being raped by her father. This mother believing her daughter was a form of family justice and feminist practice that protected this woman from experiencing emotional damage. Other interesting topics that were discussed during Dr. González-López’s responses were that women are sophisticated, so seeing them as just victims does not capture their full lived realities. Also, life is messy and complicated and our abstract concepts will never fully get at the gray areas of our lives.

All in all, the panel discussion was thoughtful, provocative, and an important discussion. Family Secrets is a painful but necessary intervention into the field of sociology, sexualities, and sexual violence. In not sanitizing people’s stories, Dr. González-López pushes all of us to face the complex realities of people’s lives. Only in facing these messy nuances can we truly begin to find solutions to solving this social problem. It is with Dr. González-López’s compassion and ethical wisdom that makes Family Secrets a timely and important book that will re-shape the field of sociology for the better.

—

Brandon Andrew Robinson is a doctoral candidate in the Department of Sociology at UT-Austin. His dissertation is a qualitative exploration of the lives of LGBTQ homeless youth in Texas.

Phyllis Frye, the nation’s first transgender judge, now presides over a Houston municipal courts. Before that, she was a transgender activist, and as a lawyer, represented many people in the LGBT community. In the wake of voters’ rejection of Houston’s Equal Rights Ordinance, and as a 13-year-old Dallas ordinance protecting transgender rights came under fire, she writes:

In 1980 I was a law student at the University of Houston, doing an internship at the Harris County District Attorney’s office. Even though my office was on the tenth floor of the DA building, the only restroom the DA’s staff allowed me to use was on the second floor. Each time nature called, I had to get by a guard, since the second floor was secure, then walk past a long row of secretaries.

So I did not use it. The results were many “accidents” and, by the end of that semester’s internship, blood in my urine from a bladder infection.

As to the current hate campaign of Houston Equal Rights Ordinance, I remain puzzled why few pro-HERO commentators mentioned the then and now, still applicable, city restroom ordinance which reads as follows:

City of Houston Ordinance Sec. 28-20
Entering Restrooms of the Opposite Sex:
It shall be unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to such person’s sex without the permission of the owner, tenant, manager, lessee or other person in charge of the premises in a manner calculated to cause a disturbance.

Clearly each offender depicted in the recent bathroom TV ads did “knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to such person’s sex” “in a manner calculated to cause a disturbance” and was in violation of the existing city ordinance.

In the early 1990s, the Houston police were arresting many transwomen for using the women’s restroom. I advised any who contacted me to “set it for a jury trial” and to testify to the jury that they were only entering to urinate in a locked stall and not to cause a disturbance. Each was found not guilty, and the police quit the arresting of transwomen for that offense.

I also remain puzzled why few mention the state criminal statues that made each offender depicted in the recent bathroom TV ads a criminal. The crimes of indecent exposure and public lewdness, and unlawful restraint (especially of a child) range in punishment from 180 days in county jail to two years in a state jail facility.

There is too much hate in the air over a person’s need to lawfully empty their bladders or bowels in a private and locked bathroom stall.

Thatcher Combs, a transgender graduate student in sociology at the University of Texas at Austin, writes:

The bathroom issue might strike many as a trivial matter, but for many trans people, myself included, choosing which bathroom to use is not trivial at all. This decision usually comes down to whether we “pass.” Every day, those of us who meet or exceed society’s expectations about gendered appearance norms enter public bathrooms without notice. Would anyone bat an eye if Laverne Cox entered the women’s room or Chaz Bono used the men’s room? Of course not.

But for many of us, the choice of which bathroom to use can be a life-or-death decision. Those of us who cannot, or do not, fit into the categories of “male” or “female” are the ones who bear the brunt of the strange looks, outrage and violence. The perpetrators of these acts toward us are not the “perverts” declaimed by the opponents of LGBT rights. They are the people who refuse to accept gender variance and insist that everyone conform to rigid notions of how men and women ought to look and behave.

It is true that violence against women and girls is a real problem in our society. But instead of discriminating against trans people in a misguided effort to protect women, our collective efforts ought to focus instead on why our current social norms for gender, especially for masculinity, victimize women.

The fear of the man in women’s restrooms, misunderstanding of trans people, and the violence women experience in society are all linked. Gender and sex are still understood to be biologically based and naturally given. Thus we say “boys will be boys” and “girls are feminine,” yet these childhood tropes also morph into the right for men to be violent and for women to be ever vigilant about their bodies.

Unfortunately, the defeat of HERO may be a signal that any form of national equality legislation that includes trans people cannot be won by popular vote. More importantly, the “no” vote from Houston should act as a wake-up call for the LGBT movement.
In the past, gays and lesbians fought under the slogan of “Just like you,” emphasizing their conformity to society’s mainstream values and beliefs. If the LGBT movement is to work toward bettering trans lives, it might be time to change tactics and fight for loosening gender norms that restrict all people.